Pakistan Case LawMUHAMMAD FAZIL Versus THE STATE
This petition for leave to appeal arises from a judgment of the Lahore High Court upholding the conviction of the petitioner under Section 468 of the Pakistan Penal Code 1860, sentencing him to nine months' rigorous imprisonment and a fine for fabricating a release order (Robkar) with forged signatures to facilitate the escape of a detained murder accused. The core legal question concerned the sustainability of the conviction based on the recorded evidence. The Supreme Court evaluated the testimonies of the Resident Magistrate and the Handwriting Expert, finding the prosecution evidence reliable and free from legal infirmity. The Court held that the concurrent findings of the lower courts were based on valid reasons and that the sentence imposed was already lenient. Consequently, the Supreme Court dismissed the petition, establishing that concurrent factual findings supported by credible ocular and expert testimony regarding document forgery will not be disturbed, and leniency already extended by lower forums precludes further reduction of sentence.
- Whether a conviction under Section 468 of the Pakistan Penal Code 1860 is sustainable when supported by the testimony of a handwriting expert and judicial officers?
- Can the Supreme Court interfere with concurrent findings of fact regarding the fabrication of a judicial document?
- Whether a lenient sentence already awarded by the lower courts warrants further reduction by the appellate court?
MUHAMMAD RAFIQ TARAR, J.---Muhammad Fazil petitioner seeks leave to appeal from the judgment of a learned Single Judge of the Lahore High Court dated 3-7-1994 whereby his appeal against his conviction under section 468 of the P.P.C., carrying a sentence of 9 months' R.I. And a fine of Rs,10,000, recorded by the learned Special Judge on 8-5-1990, was dismissed.
2.The prosecution version was that one Muhammad Farooq was detained in the judicial lock-up Chakwal as an accused in a murder case. On 29-9-1983 at 12-30 in the night when Hazar Muhammad Constable was on duty, co-accused Abdul Qadeer Head Constable, incharge guard, a friend of the present petitioner, brought out aforesaid Muhammad Farooq from the lock-up and he absconded. Afterwards, in order to save aforesaid Abdul Qadeer, the petitioner who was then working as an Ahlmad in the Court of Resident Magistrate, Chakwal fabricated a Robkar with forged signature of Resident Magistrate, Chakwal for the release of aforesaid Muhammad Farooq showing that he had been admitted to bail by the learned Additional Sessions Judge.
3.The material evidence against the petitioner consists of the depositions of Mr Muhammad Aslam, Resident Magistrate, Chakwal and Mr. Anwaar-ul-Haq Bajwa, Handwriting Expert.
4.We have heard the learned counsel for the petitioner. He tried to argue the case firstly on merits but could find no fault with the evidence regarding forgery committed by the petitioner and then prayed for reduction in the sentence.
5.After examining the record we find that the Courts below have accepted the prosecution evidence against the petitioner for valid reasons and have already taken a lenient view in the matter of sentence. In the circumstances there is no substance in this petition and the same is dismissed.
Judges on this bench
- Muhammad Rafiq Tarar605 judgments
- Wali Muhammad Khan585 judgments